DOL’s Prevailing Wage Determinations temporarily suspended

August 15, 2011 - As of August 11, 2011, the Department of Labor’s (DOL) National Prevailing Wage Center (NPWC) has temporarily suspended processing of Prevailing Wage Determinations (PWDs). In addition, DOL is not reviewing requests for reconsideration or appeals to the Center Director. Our office has not received PWD from DOL since July 01, 2011. The NPWC is required to reissue approximately 4,000 H-2B wage determinations, in regard to H-2B employment on or after September 30, 2011. DOL has stated that it will not be able to reissue all 4,000 H-2B wage determination prior to August 31, 2011. DOL has not provided any estimate on when they will resume processing prevailing wage. From DOL statements, it seems that DOL will not resume issuing PWD until at least September 01, 2011. Even if DOL resumed issuing PWD effective September 01, 2011, the processing time of the PWD would go up significantly from the normal one (1) month processing time due to the huge backlog of PWD applications which are currently accumulating at DOL. Further, DOL will not expedite the Prevailing Wage request, and the applications will be handled on a first-in, first-out basis. Suspension of PWD will prevent employers from filing PERM applications; also it will affect PERM cases that must be filed under AC-21 requirements; expiring recruitment and other reasons.

American Immigration Lawyers Association’s (AILA) Liaison Committee has asked DOL to immediately resume processing of all prevailing wage request. AILA liaison is also going to hold a call with DOL this week to get an estimate on the PWD processing time.